1. The Defendant (Counterclaim Plaintiff) shall receive the Plaintiff (Counterclaim Defendant) on April 13, 1990, this Act with respect to the amount of 3,009 square meters in Seosan-si.

1. Facts of recognition;

A. On June 8, 1991, the Plaintiff was under a title trust with the Defendant, Seosan-si Dri (hereinafter “Dri”) E 1,855 square meters and F 1507 square meters. Each of the above land was loaned KRW 17 million from Nonghyup as security.

For the purpose of securing the return of each of the above lands, the Plaintiff filed for the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) against the Defendant on April 13, 1990, as the receipt of No. 7763 of April 13, 1990, which was owned by the Plaintiff, for the purpose of securing the return of each of the above lands (hereinafter “instant land”).

B. On August 197, 1997, three lots of land owned by the above E, F, and Plaintiff were substituted with land of H 1,576.3 square meters and land of 1,576 square meters and land of 4,97.6 square meters, and the Plaintiff received KRW 1,830,820.

C. On December 2010, the Plaintiff completed the repayment of the loan to the said Nonghyup.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5 evidence, Eul 3 to 7 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The provisional registration of this case as to the purport of the Plaintiff’s assertion was completed by lending the form of sales reservation to secure the return of each land E and F, and thereafter, the Plaintiff cancelled the right to collateral security established on each of the above lands by repaying the entire loan, and the Defendant sold the H land, which is the substitute land, to J, a third party, and received the sales price.

Therefore, the provisional registration of this case shall be cancelled because its purpose is extinguished.

Even if the provisional registration of this case was based on the real pre-sale agreement, the provisional registration of this case is not exercised within 10 years from the date of the pre-sale agreement, and the provisional registration of this case is extinguished to the exclusion period Do, and thus, the provisional registration of this case should be cancelled.

B. The provisional registration of this case, based on the purport of the Defendant’s assertion, is to prevent the Plaintiff from engaging in good faith, such as disposing of each land E and F, and to guarantee the repayment of the Plaintiff’s agricultural loans.